EPA v. KDNA LOGISTICS

Case summary

8/18/2020 - NOTICE OF REFUSAL OF ADMISSION IT APPEARS THAT THE PRODUCT IS NOT IN COMPLIANCE WITH THE ACT AND IS SUBJECT TO REFUSAL OF ADMISSION DUE TO THE FOLLOWING VIOLATION(S): FIFRA 12(a)(1)(A) TO SELL OR DISTRIBUTE TO ANY PERSON ANY PESTICIDE THAT IS NOT REGISTERED UNDER SECTION 3 OR WHOSE REGISTRATION HAS BEEN CANCELLED OR SUSPENDED, EXCEPT TO THE EXTENT THAT DISTRIBUTION OR SALE OTHERWISE HAS BEEN AUTHORIZED BY THE ADMINISTRATOR UNDER FIFRA. SPECIFICALLY, THE PESTICIDE PRODUCT APPEARS TO BE MAKING ANTIBACTERIAL CLAIMS FOR USE IN AIR BUT DOES NOT APPEAR TO BE REGISTERED. FIFRA 12(a)(2)(N) FAILURE TO FILE REPORTS REQUIRED BY THE ACT. THE IMPORTER OR THE IMPORTER'S AGENT DID NOT COMPLETE AN ELECTRONIC ALTERNATIVE TO THE NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (NOA) EPA FORM 3540-1 FILED WITH THE ENTRY DOCUMENTATION VIA ANY U.S. CUSTOMS AND BORDER PROTECTION (CBP) AUTHORIZED ELECTRONIC DATA INTERCHANGE SYSTEM.

Defendants (1)

• KDNA LOGISTICSNamed in settlement

Facilities (1)

• KDNA LOGISTICS

  863 SOUTH INTERSTATE 35, NEW BRAUNFELS, TX, 78130

  Registry ID: 110070836371

Statutes cited

• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• KDNA LOGISTICSentered 2020-08-18

  Primary law: FIFRA

Timeline (3 milestones)

• 2020-08-18Final Order Issued
• 2020-08-18Enforcement Action Closed
• 2020-09-23Enforcement Action Data Entered